Common use of Limited Warranty and Disclaimer Clause in Contracts

Limited Warranty and Disclaimer. Hyperion warrants that for a period of ninety (90) days following delivery of the Software by SPSS to an End User, the Software, excluding Updates for purposes of this Section 9(g), will materially conform to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will not apply: (i) where the Software is not used in accordance with the Documentation; (ii) if the Software or any part of thereof has been altered or modified without the prior written consent of Hyperion; or (iii) where a defect in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. EXCEPT FOR ANY EXPRESS WARRANTIES MADE HEREIN, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS THAT THE SOFTWARE OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

Limited Warranty and Disclaimer. Hyperion 17.1 SISW warrants that that, subject to the provisions of Section 4, it will at all times maintain the Cloud Services in substantial conformance with the features and functions generally described in the Documentation and will use commercially reasonable efforts to restore the Cloud Services to substantial conformance should a nonconformity be identified and confirmed by SISW. Customer’s sole remedy for a period of ninety (90) days following delivery any breach of the Software by SPSS to an End User, the Software, excluding Updates for purposes above warranty shall be termination of this Section 9(g), will materially conform to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will not apply: (i) where the Software is not used in accordance with the Documentation; (ii) if the Software or any part of thereof has been altered or modified without the prior written consent of Hyperion; or (iii) where a defect in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. Agreement. 17.2 EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN THIS SECTION, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE CLOUD SERVICES AND THEIR FUNCTIONALITY IN THE DOCUMENTATION OR ANY COMMUNICATION WITH YOU CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTIES MADE HEREINWARRANTY OR GUARANTEE. IN ADDITION, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVERSISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWAREWITHOUT LIMITATION, THE SHOWCASE AS/400 PORTIMPLIED WARRANTY OF MERCHANTABILITY, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. NEITHER PARTY WARRANTSWITHOUT LIMITING THE FOREGOING, GUARANTEESSISW DOES NOT WARRANT THAT THE OPERATION OF THE CLOUD SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. 17.3 THE CLOUD SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARISE DUE TO THE NATURE OF INTERNET COMMUNICATIONS. SISW IS NOT RESPONSIBLE FOR ANY DELAYS, DATA LOSS, BANDWIDTH CHARGES, OR MAKES ANY REPRESENTATIONS OTHER COSTS OR DAMAGES THAT THE SOFTWARE RESULT FROM SUCH PROBLEMS OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING THE USE, OR THE RESULTS FOR ANY UNAVAILABILITY OF THE USE, OF CLOUD SERVICES CAUSED BY NETWORK PROBLEMS OR ANY TECHNOLOGY NEEDED TO USE THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISECLOUD SERVICES THAT IS NOT PROVIDED BY SISW.

Limited Warranty and Disclaimer. Hyperion warrants that for a period of (a) If during the ninety (90) days day period following delivery BlackBerry making the Software available to Customer for electronic download, the BlackBerry Software is not capable of performing the material functions described in the Documentation when used as specified by BlackBerry in the Documentation applicable to the specific type and version of the Software by SPSS to an End User, the BlackBerry Software, excluding Updates BlackBerry shall make reasonable efforts to correct or provide a workaround for purposes such problem (which fix or workaround may be provided to Customer at BlackBerry’s reasonable discretion in one of a variety of forms). (b) Any obligations of BlackBerry under this Section 9(g), will materially conform to Hyperion's then-current Documentation. The preceding warranty will only 6 shall not apply to problems reported Trial Software or Beta Products or if the failure of the BlackBerry Software to Hyperion during perform the warranty period and will not applymaterial functions described in the Documentation is due to: (i) where use of the BlackBerry Software is not used in accordance a manner inconsistent with any of Customer’s obligations set out in this Agreement or in a manner inconsistent with the Documentationinstructions in the Documentation applicable to the specific type and version of the BlackBerry Software; (ii) if the Software a malfunction or other problem related to any part of thereof has been altered or modified without the prior written consent of HyperionThird Party Item; or (iii) where a defect any external causes affecting the BlackBerry Software, correction of errors attributable to software other than the BlackBerry Software, or defects due to repairs or modifications not authorized by BlackBerry in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety writing. (90c) days following delivery of the ShowCase AS/400 Port by Hyperion to an End UserCUSTOMER ACKNOWLEDGES AND AGREES THAT WHERE THE BLACKBERRY SOLUTION IS DESIGNED TO FACILITATE CUSTOMER’S ACCESS TO THIRD PARTY ITEMS, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' thenBLACKBERRY HAS NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: PERFORMANCE OF SUCH THIRD PARTY ITEMS AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT CUSTOMER IDENTIFIES WITH THE BLACKBERRY SOLUTION. (id) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. EXCEPT FOR ANY EXPRESS WARRANTIES MADE AS EXPRESSLY STATED HEREIN, HYPERION AND SPSS MAKE NO TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BLACKBERRY SOLUTION IS PROVIDED “AS IS” AND ALL CONDITIONS, ENDORSEMENTS, GUARANTEES, ASSURANCES, REPRESENTATIONS AND WARRANTIES WHATSOEVEROF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD RESPECT TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, BLACKBERRY SOLUTION ARE HEREBY DISCLAIMED AND ANY SERVICES COVERED BY the AGREEMENTEXCLUDED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY AND TITLE. NEITHER PARTY WARRANTS, GUARANTEES, BLACKBERRY DOES NOT WARRANT OR MAKES PROVIDE ANY REPRESENTATIONS THAT THE SOFTWARE OTHER SIMILAR ASSURANCE WHATSOEVER OF UNINTERRUPTED OR SHOWCASE AS/400 PORT is ERROR-FREE USE OR REGARDING OPERATION OF THE USEBLACKBERRY SOLUTION, CONTINUED AVAILABILITY OF THE BLACKBERRY SOLUTION, OR THE RESULTS THAT ANY MESSAGES AND OTHER CUSTOMER CONTENT SHALL BE FREE FROM LOSS OR CORRUPTION OR SHALL BE TRANSMITTED WITHIN A REASONABLE PERIOD OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISETIME.

Limited Warranty and Disclaimer. Hyperion 8.1 Seller warrants that, on or before Delivery, it will own the Engine, and that it will deliver good and marketable title, free and clear of all Liens (except for a period any arising by, through or under Buyer) on the Closing Date. Seller agrees to defend, hold harmless, and indemnify Buyer with respect to any claims of ninety ownership or Liens asserted by any third party after the Closing Date relating to claims arising prior to the Closing Date, except for any arising by, through or under Buyer. 8.2 Seller hereby assigns to Buyer all warranties, service policies and guarantees (90to the extent that they are assignable) days following delivery it holds with regard to the Engine, with effect from, and simultaneously with, Delivery. To the extent that such rights are not assignable, Buyer is hereby subrogated to all such rights of Seller, and Seller agrees to use reasonable efforts to give Buyer the Software benefit of any such warranties or other compensation by SPSS giving notice to, and using reasonable efforts to an End Userobtain the consent of, the Softwareapplicable manufacturer for this purpose. Seller agrees to execute and deliver such further documents and instruments as Buyer may reasonably request to evidence the assignments and transfers contemplated hereby. 8.3 THE ENGINE, excluding Updates for purposes of this Section 9(g)INCLUDING THE COMPONENT PARTS THEREOF AND THE RECORDS, will materially conform to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will not apply: (i) where the Software is not used in accordance with the Documentation; (ii) if the Software or any part of thereof has been altered or modified without the prior written consent of Hyperion; or (iii) where a defect in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipmentARE BEING SOLD ON AN “AS IS” AND “WHERE IS” AND WITH “ALL FAULTS” BASIS. EXCEPT FOR AS SPECIFICALLY PROVIDED IN THIS AGREEMENT SELLER MAKES NO WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY EXPRESS WARRANTIES MADE HEREIN, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVERKIND, EITHER EXPRESS OR IMPLIED, WITH REGARD STATUTORY OR OTHERWISE AND SELLER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING MERCHANTABILITY, FITNESS FOR USE, CONDITION, DESIGN, OPERATION, WORKMANSHIP, AS TO ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE SOFTWAREABSENCE OF ANY INFRINGEMENT, THE SHOWCASE AS/400 PORTOF ANY PATENT, TRADEMARK OR COPYRIGHT AND, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SELLER FURTHER DISCLAIMS ANY LIABILITY FOR OBLIGATIONS BASED IN TORT, INCLUDING STRICT LIABILITY OR NEGLIGENCE, ACTUAL OR IMPUTED, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USEAGE OF TRADE OR FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND ANY SERVICES COVERED BUYER HEREBY WAIVES ALL SUCH OTHER WARRANTIES, REMEDIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS THAT THE SOFTWARE OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY LAW OR OTHERWISE.

Limited Warranty and Disclaimer. Hyperion 1. Vizibl warrants that for a it has full power and authority to provide the Vizibl platform and all related services to You and to grant You the rights granted herein. 2. Vizibl warrants that during the period of ninety (90) days following delivery of the Software by SPSS to an End UserYour Membership, the SoftwareOnline Service will conform in all material respects to the documentation published by Vizibl for each such Online Service. To make a claim that an Online Service fails to comply with the warranty, excluding Updates for purposes of this Section 9(g), will materially conform You must identify the non-conformity in a written notice delivered to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion Vizibl during the warranty period (“Warranty Claim Notice”). Your sole and exclusive remedy, and Vizibl’s entire liability for breach of this limited warranty, shall be correction of the warranted nonconformity in the Online Service or, if Vizibl fails to correct the warranted nonconformity after using reasonable commercial efforts, Vizibl will terminate access to the non-conforming Online Service and refund the unused portion of the Membership Fees for the Online Service paid by You for the remainder of the Membership term (beginning with the date of Vizibl’s receipt of the Warranty Claim Notice). This limited warranty shall not apply: be valid to the extent the warranty nonconformity was caused by Your abuse, misuse, accident, alteration, or unauthorized modification or installation of the Online Service. This section II.J.2 only applies to Members that have paid the applicable Membership Fees. 3. other than the express warranties stated in this agreement, the online services provided under this agreement are provided on an “as is” basis without warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, all of which vizibl expressly disclaims. vizibl makes no warranty (i) where that the Software is not used in accordance with the Documentation; online services will meet your requirements, (ii) if that the Software online services will be uninterrupted or any part of thereof has been altered or modified without the prior written consent of Hyperion; error-free, or (iii) where a defect as to any items (excluding vizibl items) vizibl assumes no responsibility for errors or omissions in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port online services or any part of thereof has been altered or modified without other website that may be linked to via the prior written consent of SPSS; or (iii) where a defect in online services. any content obtained by you through the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. EXCEPT FOR ANY EXPRESS WARRANTIES MADE HEREIN, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS THAT THE SOFTWARE OR SHOWCASE AS/400 PORT online services is ERROR-FREE OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISEdone at your own discretion and risk.

Limited Warranty and Disclaimer. Hyperion Xxxx warrants to Licensee that the Xxxx System will materially conform to the specifications and Documentation for the Xxxx System, provided that the Xxxx System is used in accordance with the Documentation. If Licensee reasonably and in good faith believes that there is a period of material defect in the Xxxx System such that it or they do not conform to this limited warranty, Xxxx must be notified immediately, but no later than ninety (90) days following delivery the first use of the Software Xxxx System by SPSS Licensee. Licensee agrees that its sole remedy for such non-conformities in the Xxxx System shall be the repair or replacement of the Xxxx System, with such replacement to an End User, be substantially equivalent in functionality to the Software, excluding Updates for purposes of item replaced as determined by Xxxx in its sole discretion. Xxxx shall have no obligation under this Section 9(g)7 should the Xxxx System be modified, will materially conform altered, merged or subjected to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will not apply: (i) where the Software is not used in accordance with the Documentation; (ii) if the Software misuse, neglect, accident or improper use by Licensee or any part of thereof has been altered third party. Xxxx does not warrant that the Xxxx System will operate in conjunction with hardware or modified without the prior written consent of Hyperion; or (iii) where a defect in the Software has been caused software that is neither provided by any of the End Users' or SPSS' malfunctioning equipmentnor formally approved by Xxxx. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End UserTHIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES FROM XXXX, the ShowCase AS/400 PortWHETHER ORAL OR WRITTEN, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. EXCEPT FOR ANY EXPRESS WARRANTIES MADE HEREIN, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD TO REGARDING THE SOFTWAREXXXX SYSTEM AND THE HOSTING SERVICES PROVIDED BY XXXX, THE SHOWCASE AS/400 PORTINCLUDING, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS XXXX DOES NOT WARRANT THAT THE SOFTWARE USE OF THE XXXX SYSTEM WILL BE UNINTERRUPTED OR SHOWCASE AS/400 PORT is ERROR-FREE FREE. LICENSEE UNDERSTANDS AND AGREES THAT USE OF OR REGARDING CONNECTION TO THE USEINTERNET IS INHERENTLY INSECURE AND THAT CONNECTION TO THE INTERNET PROVIDES OPPORTUNITY FOR UNAUTHORIZED ACCESS BY A THIRD PARTY TO LICENSEE’S OR ADAM’S COMPUTER SYSTEMS, OR NETWORKS AND ANY AND ALL INFORMATION STORED THEREIN. INFORMATION TRANSMITTED AND RECEIVED THROUGH THE RESULTS INTERNET MAY NOT BE SECURE AND XXXX DOES NOT GUARANTEE AND SHALL NOT BE RESPONSIBLE FOR, THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF ANY INFORMATION DURING INTERNET TRANSMISSION OUTSIDE OF THE USESYSTEM, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISENETWORKS AND STORAGE FACILITIES PROVIDED BY XXXX.

Limited Warranty and Disclaimer. Hyperion Xceedium warrants that that, for a period of ninety (90) days following delivery from the date on which Xceedium grants you access ot the Software (the “Warranty Period”), the unmodified Software (excluding anyUpgrades provided by Xceedium as part of Support) will, under normal use, substantially perform the functions described in the Documentation. Xceedium’s sole obligation and liability, and your sole and exclusive remedy, under the warranty set forth in this Section 8 shall be for Xceedium to use commercially reasonable efforts to remedy the problem or to replace the defective Xceedium Products, provided that Xceedium is notified in writing of all warranty claims during the Warranty Period. Xceedium will have no obligation regarding non-conformities that result from: (a) improper or unauthorized use of the Software by SPSS to an End User, the Software, excluding Updates Xceedium Products or use in a manner for purposes of this Section 9(g), will materially conform to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will which it was not apply: (i) where the Software is not used in accordance with the Documentationdesigned; (iib) if causes external to the Software Xceedium Products such as, but not limited to, power failure, electric power surges or any part unavailability of thereof has been altered or modified without the prior written consent of HyperionInternet; or (iiic) where a defect in the Software has been caused by any use of the End Users' Xceedium Products in combination with equipment or SPSS' malfunctioning equipmentsoftware not supplied by Xceedium. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. EXCEPT FOR ANY EXPRESS THE FOREGOING EXPRESSED WARRANTIES MADE HEREIN, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, THE SHOWCASE AS/400 PORTARE IN LIEU OF, AND ANY SERVICES COVERED BY the AGREEMENTXCEEDIUM HEREBY DISCLAIMS, INCLUDING ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. NEITHER PARTY WARRANTS, GUARANTEES, OR XCEEDIUM MAKES ANY REPRESENTATIONS NO WARRANTY THAT THE SOFTWARE XCEEDIUM PRODUCTS WILL OPERATE ERROR- FREE, FREE OF ANY SECURITY DEFECTS OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING IN AN UNINTERRUPTED MANNER. NOTWITHSTANDING ANY PROVISION TO THE USECONTRARY, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISEXCEEDIUM MATERIALS ARE DISTRIBUTED “AS IS.”

Limited Warranty and Disclaimer. Hyperion warrants that for a period of (a) If during the ninety (90) days day period following delivery BlackBerry making the Software available to Customer for electronic download, the BlackBerry Software is not capable of performing the material functions described in the Documentation when used as specified by BlackBerry in the Documentation applicable to the specific type and version of the Software by SPSS to an End User, the BlackBerry Software, excluding Updates BlackBerry shall make reasonable efforts to correct or provide a workaround for purposes such problem (which fix or workaround may be provided to Customer at BlackBerr (b) Any obligations of BlackBerry under this Section 9(g), will materially conform to Hyperion's then-current Documentation. The preceding warranty will only 6 shall not apply to problems reported Trial Software or Beta Products or if the failure of the BlackBerry Software to Hyperion during perform the warranty period and will not applymaterial functions described in the Documentation is due to: (i) where use of the BlackBerry Software is not used in accordance a manner inconsistmeannnetr with a inconsistent with the Documentationinstructions in the Documentation applicable to the specific type and version of the BlackBerry Software; (ii) if the Software a malfunction or other problem related to any part of thereof has been altered or modified without the prior written consent of HyperionThird Party Item; or (iii) where a defect any external causes affecting the BlackBerry Software, correction of errors attributable to software other than the BlackBerry Software, or defects due to repairs or modifications not authorized by BlackBerry in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety writing. (90c) days following delivery of the ShowCase AS/400 Port by Hyperion to an End UserCUSTOMER ACKNOWLEDGES AND AGREES THAT WHERE THE BLACKBERRY SOLUTION IS DESIGNED TO FACILITATE CUSTOMER’S ACCESS TO THIRD PARTY ITEMS, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' thenFUNCTIONALITY OR PERFORMANCE OR NON-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: PERFORMANCE OF SUCH THIRD PARTY ITEMS AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT CUSTOMER IDENTIFIES WITH THE BLACKBERRY SOLUTION. (id) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. EXCEPT FOR ANY EXPRESS WARRANTIES MADE AS EXPRESSLY STATED HEREIN, HYPERION AND SPSS MAKE NO TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BLACKBERRY SOLUTION IS PROVIDED “AS IS” AND AL ASSURANCES, REPRESENTATIONS AND WARRANTIES WHATSOEVEROF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD RESPECT TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, BLACKBERRY SOLUTION ARE HEREBY DISCLAIMED AND ANY SERVICES COVERED BY the AGREEMENTEXCLUDED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY AND TITLE. NEITHER PARTY WARRANTS, GUARANTEES, BLACKBERRY DOES NOT WARRANT OR MAKES PROVIDE ANY REPRESENTATIONS THAT THE SOFTWARE OTHER SIMILAR ASSURANCE WHATSOEVER OF UNINTERRUPTED OR SHOWCASE AS/400 PORT is ERROR-FREE USE OR REGARDING OPERATION OF THE USEBLACKBERRY SOLUTION, CONTINUED AVAILABILITY OF THE BLACKBERRY SOLUTION, OR THE RESULTS THAT ANY MESSAGES AND OTHER CUSTOMER CONTENT SHALL BE FREE FROM LOSS OR CORRUPTION OR SHALL BE TRANSMITTED WITHIN A REASONABLE PERIOD OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISETIME.

Limited Warranty and Disclaimer. Hyperion warrants that for a period of (a) If during the ninety (90) days day period following delivery BlackBerry making the Software available to Customer for electronic download, the BlackBerry Software is not capable of performing the material functions described in the Documentation when used as specified by BlackBerry in the Documentation applicable to the specific type and version of the Software by SPSS to an End User, the BlackBerry Software, excluding Updates BlackBerry shall make reasonable efforts to correct or provide a workaround for purposes such problem (which fix or workaround may be provided to Customer at BlackBerry’s reasonable discretion in one of a variety of forms). (b) Any obligations of BlackBerry under this Section 9(g), will materially conform to Hyperion's then-current Documentation. The preceding warranty will only 6 shall not apply to problems reported trial software or Beta Products or if the failure of the BlackBerry Software to Hyperion during perform the warranty period and will not applymaterial functions described in the Documentation is due to: (i) where use of the BlackBerry Software is not used in accordance a manner inconsistent with any of Customer’s obligations set out in this Agreement or in a manner inconsistent with the Documentationinstructions in the Documentation applicable to the specific type and version of the BlackBerry Software; (ii) if the Software a malfunction or other problem related to any part of thereof has been altered or modified without the prior written consent of HyperionThird Party Item; or (iii) where a defect any external causes affecting the BlackBerry Software, correction of errors attributable to software other than the BlackBerry Software, or defects due to repairs or modifications not authorized by BlackBerry in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipmentwriting. (c) CUSTOMER ACKNOWLEDGES AND AGREES THAT WHERE THE BLACKBERRY SOLUTION IS DESIGNED TO INTEROPERATE WITH OR FACILITATE CUSTOMER’S ACCESS TO THIRD PARTY ITEMS, BLACKBERRY HAS NO CONTROL OVER THE FUNCTIONALITY, DELIVERY, USE OR PERFORMANCE OF SUCH THIRD PARTY ITEMS. (d) CUSTOMER ACKNOWLEDGES AND WARRANTS THAT CUSTOMER IS SOLELY RESPONSIBLE AND LIABLE FOR: (I) VERIFYING THE ACCURACY AND ADEQUACY OF ANY INPUT, OUTPUT OR ALERT INTO OR FROM THE BLACKBERRY SOLUTION; OR, (II) CUSTOMER’S DECISION TO ALLOW OR MAINTAIN ANY MALWARE OR VULNERABILITY ON OR TO CUSTOMER’S (OR ITS AUTHORIZED USERS’) ENDPOINTS, SYSTEMS OR NETWORKS. SPSS warrants that for a period of ninety TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER WAIVES ANY AND ALL CAUSES OF ACTION OR CLAIMS AGAINST BLACKBERRY ARISING FROM OR RELATING TO THIS SUBSECTION (90D). (e) days following delivery of the ShowCase AS/400 Port by Hyperion to an End UserTHE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE BLACKBERRY SOLUTION IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION, the ShowCase AS/400 PortNOR IS IT INTENDED FOR THE OPERATION OF NAVIGATION, excluding Updates for purposes of this Section 9(g)NUCLEAR FACILITIES, will materially conform to SPSS' thenWEAPONS SYSTEMS, LIFE-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: SUPPORT SYSTEMS, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE. (if) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. EXCEPT FOR ANY EXPRESS WARRANTIES MADE AS EXPRESSLY STATED HEREIN, HYPERION AND SPSS MAKE NO TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BLACKBERRY SOLUTION IS PROVIDED “AS IS” AND ALL CONDITIONS, ENDORSEMENTS, GUARANTEES, ASSURANCES, REPRESENTATIONS AND WARRANTIES WHATSOEVEROF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD RESPECT TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, BLACKBERRY SOLUTION ARE HEREBY DISCLAIMED AND ANY SERVICES COVERED BY the AGREEMENTEXCLUDED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY AND TITLE. NEITHER PARTY WARRANTS, GUARANTEES, BLACKBERRY DOES NOT WARRANT OR MAKES PROVIDE ANY REPRESENTATIONS THAT THE SOFTWARE OTHER SIMILAR ASSURANCE WHATSOEVER: (I) OF UNINTERRUPTED OR SHOWCASE AS/400 PORT is ERROR-FREE USE OR REGARDING THE USE, OR THE RESULTS OPERATION OF THE USEBLACKBERRY SOLUTION; (II) THAT ALL THREATS, VULNERABILITIES, ATTACKS OR MALWARE WILL BE DISCOVERED, REPORTED OR REMEDIED; (III) THAT CUSTOMER DATA, SYSTEMS OR NETWORKS SHALL BE FREE FROM LOSS OR CORRUPTION; OR, (IV) THAT CONTENT SHALL BE TRANSMITTED WITHIN A REASONABLE PERIOD OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISETIME.

Limited Warranty and Disclaimer. Hyperion warrants 7.1. Except as provided in Section 3.5 above, and those pass- through warranties provided by a third-party manufacturer for any product, equipment or hardware provided as part of the SOW, Profound Technologies’ sole warranty under this Agreement is that it will perform the services required under this Agreement in accordance with the Standard of Care set forth herein and that the services, other than any design and consulting services, shall be free from defects in workmanship for a period of ninety thirty (9030) days following delivery completion of the Software by SPSS to an End Userservices (“Warranty Period”). Customer shall advise Profound Technologies of any warranty claims arising during the Warranty Period within ten (10) days of finding that any warranty-covered service, the Software, excluding Updates for purposes of this Section 9(g), will materially service item or product does not conform to Hyperion's then-current Documentationthe foregoing limited warranty. The preceding warranty will only apply Profound Technologies, at its option, shall correct or re- perform a Service that is determined to problems reported to Hyperion be defective in workmanship during the warranty period and will not apply: Service Warranty Period. THE FOREGOING LIMITED WARRANTY SHALL NOT APPLY TO NORMAL WEAR OR TEAR OR TO ANY DEFECT RESULTING FROM (i) where the Software is not used in accordance with the DocumentationTAMPERING, ALTERATION, OR REPAIR BY ANYONE OTHER THAN PROFOUND TECHNOLOGIES; (ii) if the Software or any part of thereof has been altered or modified without the prior written consent of HyperionLIGHTNING, FIRE OR OTHER ACTS OF GOD OR OTHER ACTS BEYOND THE REASONALBE CONTROL OF EITHER PARTY; or (iii) where a defect in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipmentUSE OF ANY SERVICE, SERVICE ITEM OR PRODUCT IN A MANNER THAT FAILS TO COMPLY WITH THE INTENDED USE, APPLICABLE SPECIFICATIONS AND/OR CARE AND HANDLING INSTRUCTIONS (IF APPLICABLE) OR OTHER STANDARDS FOR REASONBLE USE, CARE OR HANDLING OR (v) COMPLIANCE BY PROFOUND TECHNOLOGIES WITH THE CUSTOMER’S REQUESTS OR SPECIFICATIONS. 7.2. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End UserPROFOUND TECHNOLOGIES DOES NOT WARRANT THAT CUSTOMER’S USE OF ANY SERVICE OR ACCOMPANYING SERVICE ITEM OR PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. PROFOUND TECHNOLOGIES’S WARRANTY OBLIGATIONS ARE EXPRESSLY LIMITED TO THE CORRECTION OF A SERVICE AS DESCRIBED ABOVE, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipmentOR THE REPLACEMENT OF ANY PRODUCT PER THE MANUFACTURER’S WARRANTY. EXCEPT FOR ANY EXPRESS WARRANTIES MADE HEREINTHE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, HYPERION AND SPSS MAKE PROFOUND TECHNOLOGIES PROVIDES NO WARRANTIES WHATSOEVEROTHER WARRANTIES, EITHER EXPRESS EXPRESSED OR IMPLIED, WITH REGARD RESPECT TO THE SOFTWAREANY SERVICES OR ACCOMPANYING SERVICES ITEMS OR PRODUCTS, INCLUDING WITHOUT LIMITATION, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY OTHER WARRANTIES REGARDING NON- INFRINGEMENT OR QUALITY OR PERFORMANCE OF ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER PROCESSES USED BY PROFOUND TECHNOLOGIES IN CONNECTION WITH ITS PERFORMANCE HEREUNDER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER PARTY WARRANTS, GUARANTEES, OR MAKES THESE DISCLAIMERS AND LIMITATIONS SHALL APPLY REGARDLESS OF ANY REPRESENTATIONS THAT THE SOFTWARE OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING THE USE, OR THE RESULTS FAILURE OF THE USE, ESSENTIAL PURPOSE OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISEANY LIMITED REMEDY.

Limited Warranty and Disclaimer. Hyperion [company] warrants that for any media (such as a period of ninety (90CD or USB stick) days following delivery of the Software by SPSS to an End User, the Software, excluding Updates for purposes of this Section 9(g), will materially conform to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will not apply: (i) where on which the Software is not used provided will be free from defects in accordance materials and workmanship under normal use for 90 days from the date of its original purchase (the “Warranty Period”). If you make an eligible software media claim under this warranty during the Warranty Period (the “Limited Warranty”), [company] will honor this warranty by replacing the Software media.[32] To make a claim under this Limited Warranty, return the defective media along with the Documentation; sales receipt directly to [company] at the following address: [company address]. This Limited Warranty is void if failure of the media has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original Warranty Period or thirty (ii30) if days, whichever is longer. In relation to consumers who are entitled to the benefit of the CGA, the media on which Software is provided comes with guarantees that cannot be excluded under New Zealand law, and this Limited Warranty is in addition to any statutory rights such consumers may have under New Zealand law. This Limited Warranty does not apply in Australia. Consumers in Australia have statutory rights in relation to the Software or any part of thereof has been altered or modified without the prior written consent of Hyperion; or (iii) where a defect in and media on which the Software has been caused by any of is provided under the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipmentAustralian Consumer Law. EXCEPT FOR THIS LIMITED WARRANTY ON MEDIA, SUBJECT TO SECTION 11 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY EXPRESS RELATED PROGRAMS AND DOCUMENTATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES MADE HEREINOF ANY KIND. IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVERTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EITHER EXPRESS [company], ITS RESELLERS AND ITS SUPPLIERS HEREBY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, WITH REGARD TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, ACCEPTABLE OR SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEESLOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR MAKES THAT YOUR USE OF OR THE PERFORMANCE OF THE SOFTWARE AND RELATED INFORMATION, PROGRAMS AND DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT YOUR USE OF THE SOFTWARE AND RELATED INFORMATION, PROGRAMS AND DOCUMENTATION WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS, INFORMATION, MATERIAL OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY [company], A DEALER, AGENT OR AFFILIATE SHALL CREATE A WARRANTY. To the extent warranties cannot be disclaimed or excluded, they are limited to the duration of the relevant Warranty Period. [33] YOUR USE OF THE SOFTWARE, PRODUCT AND RELATED PROGRAMS AND DOCUMENTATION IS AT YOUR OWN RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR (AND [company] DISCLAIMS) ANY REPRESENTATIONS AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HOME, HVAC SYSTEM, ELECTRICAL SYSTEM, PLUMBING, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR MISUSE OF THE SOFTWARE, PRODUCT AND RELATED PROGRAMS AND DOCUMENTATION. YOU ARE RESPONSIBLE FOR COMPLYING WITH ANY SAFETY WARNINGS AND PRECAUTIONS THAT ACCOMPANY THE PRODUCT. IF YOU ARE NOT COMFORTABLE WITH USING THE PRODUCT AFTER READING THE SAFETY WARNINGS, YOU MUST RETURN THE PRODUCT TO YOUR PLACE OF PURCHASE AND STOP USING THE SOFTWARE. [company] IS NOT RESPONSIBLE FOR (I) YOUR FAILURE TO FOLLOW SAFETY WARNINGS, PRECAUTIONS OR ANY OTHER INSTRUCTIONS PROVIDED WITH THE PRODUCT AND/OR SOFTWARE, (II) YOUR NEGLIGENCE IN USE OF THE PRODUCT AND/OR SOFTWARE, OR (III) YOUR INTENTIONAL MISUSE OF THE PRODUCT OR SOFTWARE. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE AND ANY RELATED PROGRAMS AND DOCUMENTATION ARE NOT CERTIFIED FOR EMERGENCY RESPONSE OR SHOWCASE AS/400 PORT is ERROR-FREE INTENDED OR REGARDING SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE FAILURE, DELAY OR ERRORS OR INACCURACIES IN THE USE, DATA OR THE RESULTS OF THE USE, OF INFORMATION PROVIDED BY THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SHOWCASE AS/400 PORT SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION IN TERMS CONNECTION WITH THE OPERATION OF CORRECTNESSNUCLEAR FACILITIES, ACCURACYAIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, RELIABILITY AIR TRAFFIC CONTROL, LIFE SUPPORT OR OTHERWISEWEAPONS SYSTEMS. YOU UNDERSTAND THAT THE PRODUCTS AND SOFTWARE ARE NOT PART OF AND DO NOT CONTAIN A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. [company] DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. [company] CUSTOMER SUPPORT CONTACTS CANNOT BE CONSIDERED A LIFESAVING SOLUTION AND THEY ARE NOT A SUBSTITUTE FOR EMERGENCY SERVICES. ALL LIFE THREATENING AND EMERGENCY SITUATIONS SHOULD BE DIRECTED TO THE APPROPRIATE EMERGENCY RESPONSE SERVICES IN YOUR AREA. It is your responsibility to back up your system, including without limitation, any material, information or data that you may use or possess in connection with the Product or Software, and [company] shall have no liability for your failure to back up your system or any material, information or data. Some [company] Products and Software may monitor energy consumption in the home. [company] does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Products or Software or any other feature. Actual energy savings and any associated monetary benefits vary based on factors beyond [company’s] control or knowledge. From time to time, [company] may use the Software to provide you with information that is unique to you and your energy usage and suggests an opportunity to save money on energy bills if you adopt suggestions or features of the Product or Software. You acknowledge that this information is not a guarantee of actual savings, and you agree not to seek monetary or other remedies from [company] if your savings differs. All information provided to you by [company] is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing information through the Software is not a substitute for direct access of the information in the home. 13.

Limited Warranty and Disclaimer. Hyperion a. Limited Warranty. TransPerfect warrants that the Software will substantially conform to the applicable Documentation for a period of ninety (90) days following delivery of the date the Software by SPSS is made available to an End User, You for Your use. This warranty does not apply if the Software, excluding Updates for purposes of this Section 9(g), will materially conform TransPerfect product or any other equipment upon which the Software is authorized to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will not applybe used: (i) where the Software is not used in accordance with the Documentationhas been altered or modified, except by TransPerfect or its authorized representative; (ii) if has not been installed, operated, used, repaired, or maintained in accordance with these Terms, the Software Documentation or any part of thereof instructions supplied by TransPerfect; (iii) has been altered subjected to abnormal physical or modified without the prior written consent of Hyperionelectrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) is licensed for beta; (v) has not been provided by TransPerfect; or (iiivi) where a defect malfunction in the Software has been caused by any equipment or software not supplied by TransPerfect. TransPerfect accepts no responsibility for the results of any errors, defects and/or other risks associated with the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End UserSoftware, including, without limitation, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not applyrisk that: (i) where the ShowCase AS/400 Port is not used a document or its text may be lost or damaged in accordance with the Documentation; transmission or (ii) if the ShowCase AS/400 Port or any part confidentiality of thereof has been altered or modified without a document transmitted over the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipmentInternet may be breached. EXCEPT FOR ANY EXPRESS WARRANTIES MADE HEREIN, HYPERION YOU EXPRESSLY ACKNOWLEDGE AND SPSS MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. TO THE SOFTWAREMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SHOWCASE AS/400 PORT, SOFTWARE AND ANY SERVICES COVERED PERFORMED OR PROVIDED BY the AGREEMENTTHE SOFTWARE ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING AND TRANSPERFECT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NEITHER PARTY WARRANTS, GUARANTEES, NO ORAL OR MAKES ANY REPRESENTATIONS THAT WRITTEN INFORMATION OR ADVICE GIVEN BY TRANSPERFECT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING SERVICES PROVE DEFECTIVE, YOU ASSUME THE USEENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE RESULTS EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE USEABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. b. Exclusive Remedy. Upon Your prompt written notification to TransPerfect during the warranty period of TransPerfect’s breach of this Section 9, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESSto the extent permitted by applicable law, ACCURACY, RELIABILITY OR OTHERWISEYour sole and exclusive remedy is the repair or replacement of the Software. TransPerfect may ask You to return or destroy the Software and/or Documentation as a condition of the Software remedy.

Limited Warranty and Disclaimer. Hyperion warrants that 6.1. Yellowfin warrants, for a period of ninety (90) days following from the date of delivery of the Software by SPSS to an End User, Product (the Software, excluding Updates for purposes of this Section 9(g“Warranty Period”), that the Product will materially conform in all material respects to Hyperion's then-current Documentation. The preceding the Documentation PROVIDED THAT you install, administer, access and use the Product strictly in accordance with the set up and configuration requirements set out in the Documentation and for the avoidance of doubt the foregoing warranty will only apply to problems reported to Hyperion during the warranty period and will does not apply: (i) where if you set up, configure or install, or attempt to set up, configure or install the Software is not used Product in accordance with a manner other than as specified in the Documentation; or (ii) if a third party combines the Software Product with its software or product and the Product is then sold, licensed sub-licensed as a “combined product” by a third party; (iii) to any part of thereof has been altered or modified without the prior written consent of HyperionUpdate; or (iiiiv) where to a defect in Trial Product. As the Software has been caused by sole and exclusive remedy for any breach of this warranty, Yellowfin will, within a reasonable time, repair or replace the Product if the failure is reported during the Warranty Period. If Yellowfin reasonably determines that repair or replacement is not economically or technically feasible, Yellowfin may terminate the Agreement and provide You with a full refund of the End Users' or SPSS' malfunctioning equipmentlicense fee and any support fees paid with respect to the Product. 6.2. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used Yellowfin must provide You with support in accordance with Yellowfin’s current and applicable support policies unless You have been granted access to the Documentation; (ii) if the ShowCase AS/400 Port or any Product under a license between You and an independent software vendor as part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect combined product in which case the ShowCase AS/400 Port has been caused by any of independent software vendor is responsible for providing You with support to the End Users' or Hyperion's malfunctioning equipmentProduct. 6.3. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO SELECT THE CORRECT PRODUCT WITHIN YELLOWFIN’S SUITE OF PRODUCTS AND THE CORRECT LICENSE MODEL TO ACHIEVE YOUR INTENDED RESULTS WITH THE PRODUCT. 6.4. SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, EXCEPT FOR ANY EXPRESS WARRANTIES MADE HEREINAS EXPRESSLY SET FORTH IN THIS XXXX, HYPERION YELLOWFIN, ITS LICENSORS AND SPSS THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES WHATSOEVEROR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH REGARD RELATING TO THE SOFTWAREPRODUCT OR TRIAL PRODUCT, OR ANY SERVICES OR UPDATES. 6.5. NOTWITHSTANDING ANY CLAUSE UNDER THIS XXXX OR STATEMENT IN THE DOCUMENTATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SHOWCASE AS/400 PORTPRODUCT, TRIAL PRODUCT, ANY UPDATES OR SERVICES, AND ANYTHING ELSE SHIPPED OR PROVIDED TO YOU BY YELLOWFIN AND ANYTHING GENERATED BY THE PRODUCT OR TRIAL PRODUCT ARE DELIVERED “AS IS” AND ARE NOT WARRANTED TO BE ERROR-FREE, AND YOU ACCEPT THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, RELIABILITY, ACCURACY AND RESULTS OF THE PRODUCT WITHOUT ANY SERVICES COVERED WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, BY the AGREEMENTSTATUTE OR OTHERWISE. 6.6. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, INCLUDING YELLOWFIN DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING, BUT NOT LIMITED TO TO, ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEESTITLE WITH RESPECT TO THE PRODUCT OR TRIAL PRODUCT, ANYTHING ELSE SHIPPED OR PROVIDED TO YOU BY YELLOWFIN, OR MAKES ANY REPRESENTATIONS SERVICES OR UPDATES. 6.7. YELLOWFIN DOES NOT WARRANT THAT THE SOFTWARE PRODUCT, TRIAL PRODUCT, ANYTHING ELSE SHIPPED OR SHOWCASE AS/400 PORT is PROVIDED TO YOU BY YELLOWFIN OR ANY SERVICES OR UPDATES WILL: (I) BE ERROR-FREE FREE; (II) OPERATE WITHOUT INTERRUPTION; (III) CORRECT ALL PROGRAM ERRORS; (IV) BE COMPATIBLE WITH ANY PRODUCTS NOT SUPPLIED BY YELLOWFIN; OR REGARDING (V) MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT YELLOWFIN DISCLAIMS ALL WARRANTIES IF THE USEPRODUCT IS NOT PROPERLY SET UP AND CONFIGURED IN A MANNER SET OUT IN THE DOCUMENTATION. 6.8. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY YELLOWFIN, ITS CHANNEL VENDORS, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, DISTRIBUTORS OR AGENTS, WILL INCREASE THE RESULTS SCOPE OF THE USEEXPRESS WARRANTIES OR CREATE ANY NEW REPRESENTATIONS, WARRANTIES OR CONDITIONS. 6.9. YELLOWFIN WILL NOT BE LIABLE FOR DAMAGES ARISING FROM THIRD-PARTY SOFTWARE THAT OPERATES SEPARATELY, BUT IN CONJUNCTION WITH THE SOFTWARE, AS THIRD-PARTY SOFTWARE IS LICENSED TO YOU UNDER SEPARATE AGREEMENTS. 6.10. THE PRODUCT, TRIAL PRODUCT, ANYTHING ELSE SHIPPED OR PROVIDED TO YOU BY YELLOWFIN AND ANY SERVICES OR UPDATES ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE (INCLUDING, WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY; DIRECT LIFE SUPPORT MACHINES; WEAPON SYSTEMS; OR CONTROL OF AIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS), IN WHICH THEIR FAILURE COULD LEAD DIRECTLY OR INDIRECTLY TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YELLOWFIN FOR ITSELF, AND ON BEHALF OF ITS LICENSORS AND THEIR RESPECTIVE SUPPLIERS, DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS OF THE SOFTWARE PRODUCT, TRIAL PRODUCT, ANYTHING ELSE SHIPPED OR SHOWCASE AS/400 PORT PROVIDED TO YOU BY YELLOWFIN AND ANY SERVICES OR UPDATES FOR ANY SUCH HIGH RISK USES. 6.11. WHERE STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF WARRANTY TO THE EXTENT THEY CONFLICT WITH A LAW IN TERMS OF CORRECTNESSAN APPLICABLE STATES OR JURISDICTION, ACCURACY, RELIABILITY OR OTHERWISESHALL BE READ DOWN TO THE MINIMUM EXTENT NECESSARY REQUIRED TO COMPLY WITH THE RELEVANT LAW.

Limited Warranty and Disclaimer. Hyperion Seller warrants that for a period of ninety (90) days following delivery of the Software by SPSS to an End User, the Software, excluding Updates for purposes of this Section 9(g), will materially conform to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion Buyer during the warranty period Term that the Services and Software will not apply: (i) where the Software is not used in accordance comply with the Documentation; (ii) material functionality described in the Documentation and that such functionality will be maintained in all material respects in subsequent upgrades to the Services and Software. This warranty does not apply if the Software or any part of thereof other equipment upon which the Software is authorized to be used: (a) has been altered altered, except by Seller or modified without the prior written consent of Hyperion; its authorized representative, (b) has not been installed, accessed, used, operated, repaired, or (iii) where a defect in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used maintained in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; instructions supplied by Seller, or (iiic) where a defect has not been provided by Seller. Seller will use commercially reasonable efforts to deliver to Buyer Software free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the Software or Buyer’s data. Buyer’s sole and exclusive remedy for Seller’s breach of this warranty shall be that Seller shall use commercially reasonable efforts to correct such errors or modify the Services or Software to achieve the material functionality described in the ShowCase AS/400 Port has been caused by any Documentation within a reasonable period. However, Seller shall have no obligation with respect to this warranty claim unless notified of such claim within (30) days of the End Users' or Hyperion's malfunctioning equipmentfirst material functionality problem. EXCEPT FOR ANY EXPRESS WARRANTIES MADE AS OTHERWISE STATED HEREIN, HYPERION SELLER DOES NOT REPRESENT THAT BUYER’S USE OF THE SOFTWARE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPED OR ERROR FREE OR THAT THE SYSTEM THAT MAKES THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY ERRORS WILL BE CORRECTED OR ANY STORED BUYER DATA WILL BE ACCURATE OR RELIABLE. THE WARRANTIES STATED ABOVE ARE THE SOLE AND SPSS MAKE EXCLUSIVE WARRANTIES OFFERED BY SELLER. THERE ARE NO OTHER WARRANTIES WHATSOEVEROR CONDITIONS, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, WITH REGARD TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENTSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES WITHOUT LIMITATION, THOSE OF MERCHANTABILITY TITLE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEESPURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, OR MAKES ANY REPRESENTATIONS USAGE OR TRADE. THERE IS NO WARRANTY THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT FOR USE. NO ADVICE OR SHOWCASE AS/400 PORT is ERROR-FREE INFORMATION, WHETHER ORAL OR REGARDING WRITTEN, OBTAINED FROM THE USE, SELLER OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE RESULTS ENTIRE RISK AS TO THE QUALITY OR ARISING OUT OF THE USE, USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH BUYER. EXCEPT AS STATED ABOVE, THE SOFTWARE IS MADE AVAILABLE AND THE SERVICES ARE PROVIDED TO BUYER ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE FOR COMMERCIAL USE ONLY. EACH PARTY ACKNOWLEDGES THAT IT HAS NOT ENTERED INTO THIS XXXX IN RELIANCE UPON ANY WARRANTY OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISEREPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH HEREIN.

Limited Warranty and Disclaimer. Hyperion warrants that for a period of (a) If during the ninety (90) days day period following delivery BlackBerry making the Software available to Customer for electronic download, the BlackBerry Software is not capable of performing the material functions described in the Documentation when used as specified by BlackBerry in the Documentation applicable to the specific type and version of the Software by SPSS to an End User, the BlackBerry Software, excluding Updates BlackBerry shall make reasonable efforts to correct or provide a workaround for purposes such problem (which fix or workaround may be provided to Customer at BlackBerry’s reasonable discretion in one of a variety of forms). (b) Any obligations of BlackBerry under this Section 9(g), will materially conform to Hyperion's then-current Documentation. The preceding warranty will only 6 shall not apply to problems reported trial software or Beta Products or if the failure of the BlackBerry Software to Hyperion during perform the warranty period and will not applymaterial functions described in the Documentation is due to: (i) where use of the BlackBerry Software is not used in accordance a manner inconsistent with any of Customer’s obligations set out in this Agreement or in a manner inconsistent with the Documentationinstructions in the Documentation applicable to the specific type and version of the BlackBerry Software; (ii) if the Software a malfunction or other problem related to any part of thereof has been altered or modified without the prior written consent of HyperionThird Party Item; or (iii) where a defect any external causes affecting the BlackBerry Software, correction of errors attributable to software other than the BlackBerry Software, or defects due to repairs or modifications not authorized by BlackBerry in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipmentwriting. (c) CUSTOMER ACKNOWLEDGES AND AGREES THAT WHERE THE BLACKBERRY SOLUTION IS DESIGNED TO INTEROPERATE WITH OR FACILITATE CUSTOMER’S ACCESS TO THIRD PARTY ITEMS, BLACKBERRY HAS NO CONTROL OVER THE FUNCTIONALITY, DELIVERY, USE OR PERFORMANCE OF SUCH THIRD PARTY ITEMS.. (d) CUSTOMER ACKNOWLEDGES AND WARRANTS THAT CUSTOMER IS SOLELY RESPONSIBLE AND LIABLE FOR: (I) VERIFYING THE ACCURACY AND ADEQUACY OF ANY INPUT, OUTPUT OR ALERT INTO OR FROM THE BLACKBERRY SOLUTION; OR, (II) CUSTOMER’S DECISION TO ALLOW OR MAINTAIN ANY MALWARE OR VULNERABILITY ON OR TO CUSTOMER’S (OR ITS AUTHORIZED USERS’) ENDPOINTS, SYSTEMS OR NETWORKS. SPSS warrants that for a period of ninety TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER WAIVES ANY AND ALL CAUSES OF ACTION OR CLAIMS AGAINST BLACKBERRY ARISING FROM OR RELATING TO THIS SUBSECTION (90D). (e) days following delivery of the ShowCase AS/400 Port by Hyperion to an End UserTHE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE BLACKBERRY SOLUTION IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION, the ShowCase AS/400 PortNOR IS IT INTENDED FOR THE OPERATION OF NAVIGATION, excluding Updates for purposes of this Section 9(g)NUCLEAR FACILITIES, will materially conform to SPSS' thenWEAPONS SYSTEMS, LIFE-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: SUPPORT SYSTEMS, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE. (if) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. EXCEPT FOR ANY EXPRESS WARRANTIES MADE AS EXPRESSLY STATED HEREIN, HYPERION AND SPSS MAKE NO TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BLACKBERRY SOLUTION IS PROVIDED “AS IS” AND ALL CONDITIONS, ENDORSEMENTS, GUARANTEES, ASSURANCES, REPRESENTATIONS AND WARRANTIES WHATSOEVEROF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD RESPECT TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, BLACKBERRY SOLUTION ARE HEREBY DISCLAIMED AND ANY SERVICES COVERED BY the AGREEMENTEXCLUDED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY AND TITLE. NEITHER PARTY WARRANTS, GUARANTEES, BLACKBERRY DOES NOT WARRANT OR MAKES PROVIDE ANY REPRESENTATIONS THAT THE SOFTWARE OTHER SIMILAR ASSURANCE WHATSOEVER: (I) OF UNINTERRUPTED OR SHOWCASE AS/400 PORT is ERROR-FREE USE OR REGARDING THE USE, OR THE RESULTS OPERATION OF THE USEBLACKBERRY SOLUTION; (II) THAT ALL THREATS, VULNERABILITIES, ATTACKS OR MALWARE WILL BE DISCOVERED, REPORTED OR REMEDIED; (III) THAT CUSTOMER DATA, SYSTEMS OR NETWORKS SHALL BE FREE FROM LOSS OR CORRUPTION; OR, (IV) THAT CONTENT SHALL BE TRANSMITTED WITHIN A REASONABLE PERIOD OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISETIME.